Preview

Federalism

Good Essays
Open Document
Open Document
785 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Federalism
Federalism

States and Federal Law
• State and local government policymaking is affected by federal preemptions and federal mandates.

Federal Preemption
• The federal government prevents state and local governments from making policy in some policy areas.
• The proponents of preemption believe that uniform national regulatory standards are preferable to state-by-state regulation.
• In contrast, critics of preemption contend that congressional efforts to override state authority violate states’ rights principles, which hold that state legislators know best what policies are most appropriate for their states.

Federal Mandates
• A federal mandate is a legal requirement placed on a state or local government by the national government requiring certain policy actions.
• State and local governments must conform to dozens of mandates.
• Mandates can be costly.
• In 1995, Congress and the president responded to complaints from state officials about unfunded federal mandates by enacting legislation to limit the authority of Congress to impose expensive requirements on state and local governments.

Federal Grant Programs
• Federal grant-in-aid programs, which are programs through which the national government gives money to state and local governments for expenditure in accordance with set standards and conditions, play a significant role in state policymaking.
• Program Adoption
• Congress and the president create federal programs through the legislative process.
• Federal programs must be authorized and funds appropriated for their operation.

Types of Federal Programs
• Federal programs come in a variety of forms.
• A categorical grant program is a federal grant-in-aid program that provides funds to state and local governments for a fairly narrow, specific purpose, such as removing asbestos from school buildings or acquiring land for outdoor recreation.
• A block grant program is a federal grant-in-aid program that provides money for a

You May Also Find These Documents Helpful

  • Good Essays

    B) State government may no limit the federal government’s exercise of powers. Congress may not impair the ability of state government to function in the federal system.…

    • 476 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In politics everyone has a different opinion and it seems as if they never come to a compromise. This issue has been going on for many years now. As early as when this nation was first being built. Throughout history there have been times when the government has been at conflict. Many of these conflicts include the question as to who has more power and who should. If the states should or the national government. Two important cases in the past that have helped answer these questions are McCulloch vs. Maryland and Gibbons vs. Ogden. Both cases present conflicts that brought among state courts, which later end up being appealed in the Supreme Court and rule differently twice. Both cases ruling clear show a clear example as how the national government has a supremacy over the state government.…

    • 489 Words
    • 2 Pages
    Good Essays
  • Good Essays

    have sided with the state while many supreme court cases have sided with the rights of…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Busn 115 Week 1 Analysis

    • 878 Words
    • 4 Pages

    Generally, federal laws apply to citizens living in the U.S. and its regions. The state laws apply just to residents of the particular state. The president of United States is accountable for implementing and accomplishing the laws written by the congress. The federal courts verify these laws according to the U.S constitution. The authorized federal agency discloses a final rule in the federal register with a particular date for when the rule will become effective and enforceable. State legislatures generate and pass bills and then the state governor converts them into laws. The state courts may analyze these laws according the rules of state’s…

    • 878 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Federalism is the type of government where there is segment of different powers between a state government and the central government. The United States is a federalist government where the states have their own individual powers and authority that they are able to exercise and the federal government has its own circle of authority that it tends to exercise.…

    • 828 Words
    • 3 Pages
    Good Essays
  • Good Essays

    national issue in today’s society. Border states like Arizona and Texas are getting a lot of illegal immigrants crossing over their borders. Those states desire assistance from the federal government to stop the immigration, but the federal government might not want to stop the immigration or put the resources into it. Other states are saying let us deal with it, but the federal government does not want the states to handle it by themselves. Gay marriage is another popular topic of debate. Some states want to make their own decisions on whether gay marriage is legal and may not want the federal government to get involved. Due to the failing economy, the federal government printed new money and granted it to individual states. The money is for states to spend on projects that will put people to work. Some governors of some states do not believe the government should be printing money to create jobs, therefore, some governors did not accept the stimulus…

    • 493 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    1. Federal officials’ perceptions of national needs came to dominate the allocation of federal grants during the…

    • 1278 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    A reason why the federal government may have chosen to accomplish this goal in this type of manner is because our Constitution created a federal government which is divided into three branches; the legislative, executive, and judicial branch. Each branch was supplied with their separate power that was specifically designated by the Constitution. The Constitution regulates whether the duty for executing a specific law falls within the powers of the federal government or whether it is the duty of each state. Federalism is the governmental power between state and federal governments. The Constitution restricts the federal government to only passing laws in the areas by which the Constitution allows them powers. The power of a state is restricted to where no state can pass any law that would disregard the Constitution. The Tenth Amendment to the Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people (Findlaw.com, 2014). For…

    • 443 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    rates dropped precipitously. As the situation grew worse, hospitals began experimenting with insurance plans. The Baylor University Hospital…

    • 603 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In the 1970s regulated federalism began to build up steam as for how our new form of federalism would operate. In this new method, of regulated federalism, congress would pass laws requiring states and localities to follow through with out a choice or say in the matter. This is contrast to cooperative federalism as the federal government did not directly force states and localities to follow through, but if they did not they would not receive government grants and funding in that certain area. However, the government did have good reason for this practice, they wanted to create more unity and uniformity between the states, “The effect of these national standards is that state and local policies in the areas of environmental protection, social services, and education are more uniform from coast to coast than are other nationally funded policies”(WTP 94).…

    • 1200 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    has allowed states to make up for cuts to schools and other programs or lower taxes. States…

    • 485 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Cooperative Federalism

    • 839 Words
    • 4 Pages

    Federalism is defined as “the federal principle or system of government”. This concept of “federalism” is explored in Lowi et al and Zimmerman. These two sources list and define two types of federalism. The first type they list is dual federalism, the second one is cooperative federalism. One of the most distinctive differences between the two is how the powers of the national and state governments are defined, this ties into the classic struggle of Founding Fathers: How should power be separated between the states and the national government? Both of these systems are used in our Constitution, however, I believe our current situation in the United States best fits under the system of cooperative federalism. These concepts I will explore in…

    • 839 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Over the last twenty-five years, federalism has transformed due to the increase in federal mandates on state and local governments. Federalism refers to a political system in which there are local units of government, as well as a national government, that can make final decisions with respect to at least some governmental activities, and whose existence is protected. When the Framers devised this political system their goal was to protect personal liberty and create a separation of powers. Over the years, federalism 's goal of decentralization evolved giving states more leeway. Mandates, however, have in a way, increased federal power, imposing requirements and/or conditions for obtaining federal grants. These mandates provided federal restrictions on states ' economic actions and have served the former purpose of protecting personal liberties because they usually concern civil rights and environmental protection. The Americans with Disabilities Act of 1990, for example, shows how federalism has changed and how mandates have augmented the regulation of state and local governments ' actions.…

    • 756 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    i. Federal government assists the states when they lack the expertise or resources. When the state do not have enough expertise to handle the emerging public health issue or do not have enough resources to fulfill the arising demand of the people, federal government can provide the expertise and resources as per need.…

    • 107 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    To pass a law, 9 out of 13 states had to vote for it, which makes it hard for the federal government to…

    • 368 Words
    • 2 Pages
    Satisfactory Essays